1. Will the company file a lawsuit after the death certificate is issued?
Whether the company will file a lawsuit after the death certificate is issued depends on the specific circumstances. If there is something wrong with the work-related injury certificate, you can go to court.
1, write a complaint
Civil indictment is an important legal document to start litigation procedure. Appropriate litigation requests, statements of facts and reasons and legal basis are all important factors that determine the success or failure of litigation. Therefore, writing a complaint should be well conceived and designed, otherwise it will not only affect the outcome of the lawsuit, but also sometimes cause the loss of expenses.
Step 2 file a case
First choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
Step 3: hold a court session
The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.
Step 4 judge
The job of the court is to make a judgment after the trial. After receiving the judgment, if the party refuses to accept the judgment, he should appeal in time and start the second instance procedure. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
Step 5 perform
After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.
2. What are the legal provisions for hiring a lawyer?
1, the necessity of attorney.
The professionalism and technicality of litigation determine the position and advantages of lawyers in litigation. Every case will not only involve one law, but also have comprehensive application ability and practical experience besides comprehensive legal knowledge. Gao Feixia, a law major, is familiar with the law, but he may not be able to operate successfully, because he is familiar with the art of war but has never been to the battlefield. Not to mention those who don't know the law. The litigation procedure is one-off and irreversible, and the result is related to the vital interests of the parties. Therefore, in order to better safeguard their legitimate rights and interests and avoid losing reasonable lawsuits and unnecessary losses. It is very necessary to entrust a lawyer to represent your lawsuit.
2. How to entrust a lawyer
The entrusted lawyer shall sign an agency contract and a power of attorney with the law firm, and the agency fee shall be paid to the law firm after consultation between the parties and the lawyer. After that, the attorney is responsible or under the guidance of a lawyer.
3, the lawyer's work and role
In civil litigation, the lawyer's work can be roughly divided into three stages. After accepting the entrustment, the lawyer should make a comprehensive analysis of the case by understanding the case and the request of the parties, and then draw a strict litigation plan. The idea of the plan is mainly embodied in the complaint. A civil complaint is an important legal document, which is drafted by a lawyer. At the same time, it is necessary to guide the parties to prepare and sort out the evidence. This is the first stage. At this stage, the lawyer's main labor is intangible and the most important, and even plays a decisive role in the success or failure of the case. The second stage is to file a case. Lawyers should prepare filing materials and file a case in court on behalf of the parties. After the court accepts the case, it will wait for the court summons to inform the court to open the session. The third stage is trial, which is the central link of litigation. The lawyer will make full preparations before the trial. In court, lawyers should give evidence, cross-examine, express opinions and debate. After the hearing, lawyers can also organize written statements and submit them to the court. After the court's decision, if the party refuses to accept it, he can also appeal on his behalf. The above is the main work of lawyers in civil litigation.
In our real life, at present, many people are not particularly clear about some procedural issues in litigation. We need to inform you here that if this kind of work-related injury occurs and you are not satisfied with the work-related injury certificate, you can take litigation to solve the dispute.